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Termination Vacation Pay means, at the time of a termination of the Executive's employment hereunder, the payment due to the Executive at the rate of the Annual Salary in effect at that time, on a daily basis, multiplied by the number of earned and unused vacation days up until the Termination Date.
It depends ? but this is usually frowned upon by most employers. Some employers may even have policies saying ?no? to requesting PTO after you've put in your notice. Without a policy like this, it could be easy for employees to abuse the system.
Under California law, unless otherwise stipulated by a collective bargaining agreement, whenever the employment relationship ends, for any reason whatsoever, and the employee has not used all of his or her earned and accrued vacation, the employer must pay the employee at his or her final rate of pay for all of his or ...
If you only have a few unused vacation days, try to use them before you give your notice. If you have a week's worth or more, it's probably best to look into getting paid for them instead. Consult your company's employee handbook to find the information; that way, you won't tip off HR to your pending resignation.
(Boothby v. Atlas Mechanical (1992) 6 Cal. App. 4th 1595) And, unless otherwise stipulated by a collective bargaining agreement, upon termination of employment all earned and unused vacation must be paid to the employee at his or her final rate of pay.